Energy Performance Certificates compulsory for renting and sale of property

Legal Notice 47 of 2018 was published on 13 February 2018 putting into effect obligations with regard to energy performance certificates when advertising, renting or selling property. The scope of the legal notice is to transpose Directive 2010/31/EU of the European Parliament and Council on the energy performance of buildings and give effect to its provisions.

The Regulations promote the improvement of energy performance of buildings in Malta taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.

Who should submit the EPC?

All new buildings must meet minimum energy performance requirements. The energy compliance certificate (EPC) drawn up by the responsible architect or engineer has to be submitted by the owner to the Building Regulation Office (BRO) within one month of completion and before use of the building.

Existing buildings

With regard to existing buildings which undergo a major renovation, the owner must provide the BRO with a compliance certificate ensuring that the renovated part is upgraded to meet the minimum energy performance requirements in force at the time.

The BRO shall ensure that an EPC is issued for buildings or building units which are constructed, sold or rented out to a new tenant and buildings where a total useful floor area over 250m2 is occupied by a public authority and frequently visited by the public.

The requirement to issue an EPC does not apply where a certificate, issued in accordance with these regulations, for the building or building unit concerned is available and valid.

Obligations for owners

Owners of buildings must ensure that when constructed, sold or rented out an EPC or a copy thereof is shown to prospective buyers or new tenants at the latest either before the date of entering a promise of sale or rent agreement.

If a new owner intends to carry out a major renovation or demolish a building, the said owner may request an exemption to issue an EPC subject to the new owner making a declaration to the BRO that the building will not be used until the renovation or new construction is finalised. A new EPC would be required in accordance with the renovation of new built.

Where a building is sold or rented prior to construction, the seller must provide a design rating EPC for the building, handed over to the buyer or tenant before the promise of sale, deed or rent agreement.

The law stipulates that a copy of the design rating EPC shall also be attached to the POS or deed. If alterations which change the energy performance characteristics of the building have been made during construction, a new EPC must be provided to the buyer or tenant.

Advertising property in case of sale or rent

The energy performance indicator of the building or building unit must be included in all advertising of the property.

Validity of EPC

An EPC is valid for a period of 10 years from date of first issue provided that no major renovation or alteration occurs in the building.

Iuris offers a team of lawyers who can be consulted for advice on property related issues both in Malta as well as in Gozo.

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